When will a judge order a summary order against an over-holding tenant?
Saskatchewan, Canada
The following excerpt is from Wolchuk and Wolchuc v. Mitrenga, 1984 CanLII 2634 (SK QB):
Secondly, in any event, I have a discretion to say whether this case should be tried summarily or by ordinary action. Section 52(2) of the Act requires the judge to consider whether “the right to possession may properly be determined in a proceeding under this part”. Bigelow, J., said, in Diminyatz v. Potopchuk, 1944 CanLII 193 (SK QB), [1944] 3 W.W.R. 292, at page 293: The summary procedure against an over-holding tenant should only be applied when ‘the right to possession may properly be determined in a proceeding under this Act’. The order should not be made if there is an involved issue of fact to be tried . . .
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